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Can H-1B visa holder re-enter US after layoff? Indian professional's Reddit post sparks concerns
An Indian professional's Reddit inquiry about returning to the US on an H-1B visa after a layoff has sparked discussions on foreign workers' challenges.
An Indian professional's Reddit post detailing the uncertainty of returning to the US following a layoff on an H-1B visa has gained significant attention, igniting a broader conversation regarding the precarious situation of foreign workers.
The Reddit user mentioned that he was recently terminated from his job and is presently in India, despite the fact that his H-1B visa remains valid on paper and his I-140 immigrant petition has already received approval. In his post, he inquired whether he could still travel back to the US in the near future, considering the ambiguity surrounding the timeline for H-1B cancellation after a job loss. HT.com cannot independently verify the authenticity of the post.
‘I was laid off from my company’
“Hello everyone, I recently found out that I was laid off from my company. I’m currently on an H 1B with an approved I 140, and at the moment I am in India. Is it possible for me to travel back to the US within the next day or two?” the Indian professional wrote.
He further stated that he had been informed it may take a few days for an H-1B to be officially revoked. He, however, expressed uncertainty regarding the reliability of that information.
“I’ve heard that it can take a few days for an H 1B to be formally revoked, but I’m not sure how accurate that information is,” the post further stated.
Indian professional seeks assistance
Before concluding his post titled “Can I travel to the US after being laid off in India?”, the user urged those who have encountered a “comparable situation or possesses insights regarding this process” to share their experience.
The post quickly gained widespread attention, capturing the interest of Reddit users who shared their knowledge of the legal issues and ambiguities related to US work visas.
Also Read: US revokes 100,000 visas amid H-1B row, immigration crackdown: ‘Will continue to deport these thugs’
Reddit post draws attention
Several commenters advised caution, warning that trying to re-enter the United States following a layoff could involve significant risks. “Legally speaking, you shouldn’t travel to the US on H 1B when you are not employed,” one stated.
“I tried this and got rejected,” another commented, underscoring the unpredictability of the process.
A third commenter cautioned about the possibility of serious repercussions, contending that traveling after termination might have adverse effects. “I think they can and probably will, considering the current situation, revoke your H 1B for misrepresentation after you have entered since you did intentionally enter after getting fired.”
Several responses referred to the commonly mentioned grace period that H-1B holders have after losing their job. “Practically, you can enter as there is 60 or 30 day window for you to either find a new job or start packing up for permanent departure,” remarked the fourth user.
